|Submitted||Aug. 14, 2017|
To Whom It May Concern:
Pursuant to Virginia Freedom of Information Act, I hereby request the following records:
All video footage captured by police officers during the "Unite The Right" rally and counter-protests in Charlottesville, Virginia on August 11th and 12th, 2017 (https://en.wikipedia.org/wiki/2017_Unite_the_Right_rally).
I also request that fees be waived as I believe this request is in the public interest, and this request is not being made for commercial purposes. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
I would also please like the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.
Please note that I am a citizen of Virginia, and am using MuckRock's services to help manage and track my request.
The materials you are seeking, "All video footage captured by police officers during the "Unite The Right" rally and counter-protests in Charlottesville, Virginia on August 11th and 12th, 2017 " constitutes "documents and information, including complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence relating to a criminal investigation or prosecution" and would be contained in the criminal investigative files of the Virginia Department of State Police. Criminal investigative files, and their contents, are excluded from the provisions of FOIA pursuant to § 2.2-3706 (A)(2) of the Act, "but may be disclosed by the custodian in his discretion." That section makes no differentiation between open or closed investigations. The Department has considered your request and, pursuant to §2.2-3704, elected to exercise its statutory discretion under § 2.2-3706 not to release the entire case files of documents and information, including, but not limited to, complaints, court orders, memoranda, notes, diagrams, maps, photographs, correspondence, reports, witness statements, and evidence in whole or in part.
Additionally pursuant to § 2.2-3706 (A)(2)(h), portions of the records you request are "records containing information related to undercover operations or protective details that would reveal the staffing, logistics, or tactical plans of such undercover operations or protective details", or "records contain[ing] specific tactical plans" under § 2.2-3706 (A)(2)(e), The Department has considered your request and, pursuant to §2.2-3704, elected to exercise its statutory discretion under § 2.2-3706 not to release the video.
First Sergeant David L. Ostwinkle
Virginia Department of State Police
Office of Legal Affairs
Bureau of Administrative and Support Services
Office: (804) 674-2642
Mobile: (804) 393-0011
There are no files associated with this request.